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Old July 10, 2003, 13:14   #211
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Originally posted by GePap
And then what was the point of your attempt to say murder could be defined without the concept of law? If you know it is an absurd thing to do, then?


The question is whether a concept of "murder" could exist without a concept of "law." Obviously such a definition of murder would not incorporate the term "unlawful." However, a contemporary definition ought to include the term "unlawful," since murder is against the law.

Your one-trick-pony answer has been to repeatedly say (paraphrasing) "Well, the dictionary says that murder is unlawful, therefore it is impossible for murder to exist without law!" I've pointed out that definitions evolve over time (e.g. "number") and that it is possible to ablate a contemporary definition in order to produce a more primitive definition applicable to a more primitive time (namely, a state of nature, or at least a primitive society without a code of laws). Your answer? "Well, the dictionary says that murder is unlawful, therefore it is impossible for murder to exist without law!" Brilliant! You have proven, beyond the shadow of a doubt, that the contemporary definition of murder incorporates the term "unlawful!" Never mind that "killing with premeditated malice" or "unjustified killing" are applicable in a society or pre-society without a code of laws -- this obviously doesn't help your position any.

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You are not separating the definition of Murder as noun, and using murder as verb:
My "intellectual dishonesty" alert is going haywire.

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The point is, was, and will be: does the concept of murder originate with or without law?
This was never the question. The question was "can the concept of murder exist without law" -- if you've been arguing from an "origins" argument this entire time then you'd have done well to pull out a textbook on linguistics and/or anthropology, because the question "can the concept of murder exist without law" can be answered from a philosophical standpoint, but the question "does the concept of murder originate with or without law" can only be answered with linguistic/anthropological evidence (of which you have provided not a whit). Pulling out your dictionary and saying "see, look, it says that murder is unlawful, so the definition of murder umteen-thousand years ago must be the same" is simply naive.

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Whether 3000 years after its conception people care to define it today uwithout explicitly using the word unlawful matters not. This was never the point of the arguement.
Whether 20,000 years after its conception people decided that it was more efficient to define murder as being "unlawful" matters not. Back atcha, hoss.

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And yet who is attempting to do the arbitrary redefining here?
It's sickening that you call "arbitrary" my defining murder to be "killing with premeditated malice," especially when your own friggin dictionaries apply this same definition (though two of them only directly use it in the verb sense ).

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How many soldiers in a time of war may kill their enemy in a premeditated way, with malice?
What do you mean? "How many soldiers torture prisoners to death"? I wouldn't care to venture a guess, I'd hope that the number would be "not many."

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Would you accept, and think it correct, to call the acts of these soldiers murder?
I'd certainly label the killing of a (ostensibly unarmed) prisoner as "murder." I wouldn't label the killing of an armed combatant as "malicious" -- the soldier isn't killing his enemy simply out of spite, but out of self-defense. (Similarly, if a wife kills her husband in self-defense, then it doesn't particularly matter whether the wife hated her husband -- the intent was self-defense, not spite.) In cases when soldiers have exhibited clearly malicious intent (e.g. the massacre at Mai Lay) they have been tried and punished accordingly.

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Soldiers may kill enemy soldiers maliciously and with premeditation, but they are not guilty of murder.
Soldiers have certainly been tried for murder for killing captives, or for, e.g., gassing Jews in concentration camps.

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Ditto for the executioner. Executions are most certainly premeditated, and many of them were very malicious. And they were also NOT MURDER, not when commited by the state, or, in other words, lawful.
Executions that have been performed with purely malicious intent (e.g. many of the purges in the Soviet Union, or the gassing of Jews by the Nazis) have indeed been labelled as murders.

Furthermore, this suffers from the same flaw as the "soldier killing an enemy" question -- a soldier can only fight for a country if there is a country to fight for, and an executioner can only kill in the name of the State if there is a State to kill for. Both examples presuppose the existence of a code of laws. Take away the code of laws (thus taking away the "unlawful" portion of the defintion of murder), and you also take away the dilemma. It isn't particularly relevant to a discussion on Natural Rights as to whether the contemporary definition of "murder" can (or ought to) be defined independently of the term "unlawful" -- what is relevant is whether a primitive definition of "murder" could exist without said term.

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murder: the unlawful killing of one human being by another, commited either with premeditation or malice, or in the act of commiting another felony act.
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Can a murder be spontaneous?
Yes, as a crime of passion.
Your own definition fails to address this issue (unless a crime of passion is "malicious," in which case my definition applies just as well). "Yeah, but a crime of passion is againt the law!" Sure, but so is involuntary manslaughter.

Quote:
Can a murder be without malice?
Yes, it can. Poisoning someone with somehting that will kill them quickly in thier sleep shows no malice. But if planned, it is murder
What was the intent of the murder? It's the intent that matters, not the means (though the means can help demonstrate intent, e.g. it's difficult to claim that you euthanized somebody by torturing them to death).

Basically, all you've succeeded in arguing is that my primitively applicable definition of murder ought to be "killing with premeditation and/or malice" instead of "killing with premeditated malice." Fine, I'll concede and add the "and/or" modifier. Happy now?

Quote:
Originally posted by Imran
After all, communists and capitalists have opposite defintions of 'fair'.
They may have different definitions of "fair" as the term applies to economics, but I've never claimed that property is a natural right (or anything like a natural right). Earlier in this thread I was arguing against the natural right to property, for the very reason that there is no objectively justified delimination between "mine/yours" and "ours/theirs". (I haven't been arguing against "property as natural right" recently simply because Berzerker has been directing his attention elsewhere.)

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But what about voluntary or involuntary manslaughter? It's still a crime that has penalties, so it isn't justified (at least totally).
That's correct, the degree of justification is important in determining what a killing really is (e.g. "involuntary manslaughter" or "self-defense"). The point is that the killing is not a murder because adequate justification has been offered as to why it isn't a murder.

Quote:
Originally posted by The Templar
Even if all universal desire ran against the Golden Rule, the Golden Rule would still be a natural right according to Christianity
I question the claim that Christianity would have still adopted the Golden Rule even were it to be contrary to all universal desire.
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Old July 10, 2003, 13:51   #212
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They may have different definitions of "fair" as the term applies to economics, but I've never claimed that property is a natural right (or anything like a natural right). Earlier in this thread I was arguing against the natural right to property, for the very reason that there is no objectively justified delimination between "mine/yours" and "ours/theirs". (I haven't been arguing against "property as natural right" recently simply because Berzerker has been directing his attention elsewhere.)
Yep. I also think there is no objective determination of fair. I think it'd be almost impossible to come up with one, except on a case by case basis (which would take, basically, forever).

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That's correct, the degree of justification is important in determining what a killing really is (e.g. "involuntary manslaughter" or "self-defense"). The point is that the killing is not a murder because adequate justification has been offered as to why it isn't a murder.
But then murder can't be considered unjustified killing. Because so is involuntary manslaughter. Like GePap said, two word definition of murder is hard. However, there can be murder that is justified, but it is difficult to have a murder that is legal.
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Old July 10, 2003, 13:58   #213
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Originally posted by loinburger
This was never the question. The question was "can the concept of murder exist without law" -- if you've been arguing from an "origins" argument this entire time then you'd have done well to pull out a textbook on linguistics and/or anthropology, because the question "can the concept of murder exist without law" can be answered from a philosophical standpoint, but the question "does the concept of murder originate with or without law" can only be answered with linguistic/anthropological evidence (of which you have provided not a whit). Pulling out your dictionary and saying "see, look, it says that murder is unlawful, so the definition of murder umteen-thousand years ago must be the same" is simply naive.
What linguistic evidence have you provided, what anthropoligical evidence have you provided: in fact, what of that evidence could you provide? The only linguistic evidence we have exist within those dictionaries: all you have given to this debate is to say that you had seen murder defined as "premdiated and with malice", fine , yes, that is one definition, for one use of the word murder. you could just as well have said that murder means to botch a song, and thus has nothing to do with law. I asked above, can murder be spontanoues? Do you disgaree that it can? I asked above, can murder be done in a non-malicious way? Do you disagree that it can? I asked above, can it be called justfied in soem cases? Do you disgaree with my conclusiuon? Finally, can murder ever be Lawful?

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Whether 20,000 years after its conception people decided that it was more efficient to define murder as being "unlawful" matters not. Back atcha, hoss.
Since you have yet to show anything from any source defining murder, or speaking about murder totally seperate form the oncept of law, what ground do you stand on? You mock the dictionary def. I have given? Give me one that defines murder totaly and never mentions the law.


Quote:
It's sickening that you call "arbitrary" my defining murder to be "killing with premeditated malice," especially when your own friggin dictionaries apply this same definition (though two of them only directly use it in the verb sense ).
They define murder as such, but only when it is being used in one context (just as three of them defined murder as botching a song). BUt what matters is the definitoon in its totality, and as far as an arguement about rights is concerned, what Murder means as a noun, as an independent concept (such as when one would say Do Not Commit Murder) is the most relevant. Unless you believe it is a assault on fundamental rights to botch a song, and thus a felony? (as much as some kareoke perhaps deserves to be punished)

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What do you mean? "How many soldiers torture prisoners to death"? I wouldn't care to venture a guess, I'd hope that the number would be "not many."
"Prisoners"?, who the fvch said anything about prisoners? if you find an enemy soldier sleeping and you slice his throat, that is NOT murder. Or areyou about to tell me soldiers never kill in a premeditated way (I wonder what an ambush is?) or with malice (oh, all soldiers are so polite and kill ther enemies with the least of pain cause, yes, right....)

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I'd certainly label the killing of a (ostensibly unarmed) prisoner as "murder." I wouldn't label the killing of an armed combatant as "malicious" -- the soldier isn't killing his enemy simply out of spite, but out of self-defense. (Similarly, if a wife kills her husband in self-defense, then it doesn't particularly matter whether the wife hated her husband -- the intent was self-defense, not spite.) In cases when soldiers have exhibited clearly malicious intent (e.g. the massacre at Mai Lay) they have been tried and punished accordingly.
Again, I never said sh1t about prisoners. And for all your little rolleyes and other smileys, I have to say this is trully a poor debatoing strategy. All of a sudden you bring in a term I never mentioned, or even alluded to, becuase that seems to be the opnly way you can skirt the point: NO, I never said prisoners, since that would be UNLAWFUL, and hence murder. I speak of the very profession of being a soldier, which, perish the thought, involves killing. As for killing out of self-defense: bull. Read up on Verdun, and the plan which it entailed. And until you answer my question, whether murder can be non-malicious, this is still hardly a point.

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Soldiers have certainly been tried for murder for killing captives, or for, e.g., gassing Jews in concentration camps.
And yet again, who said sh1t about prisoner? (Well, beside you in this post). read up on the war in the eastern front, not about mistreatment of prisoners, but just the war in general, and tell me there was no maliciousness at all when germans and russians met.

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Executions that have been performed with purely malicious intent (e.g. many of the purges in the Soviet Union, or the gassing of Jews by the Nazis) have indeed been labelled as murders.
And yet again, you being into it legal (hmm, the law) issues which I never even mentioned in my post. So you call the Death penalty murder?

Quote:
Furthermore, this suffers from the same flaw as the "soldier killing an enemy" question -- a soldier can only fight for a country if there is a country to fight for, and an executioner can only kill in the name of the State if there is a State to kill for. Both examples presuppose the existence of a code of laws. Take away the code of laws (thus taking away the "unlawful" portion of the defintion of murder), and you also take away the dilemma. It isn't particularly relevant to a discussion on Natural Rights as to whether the contemporary definition of "murder" can (or ought to) be defined independently of the term "unlawful" -- what is relevant is whether a primitive definition of "murder" could exist without said term.
Can you Loin provide us a rimitive definition of murder? You have not (I doubt you got your definition out of some cave painting. In fact, you have a bit of a porblem, you see, man in all of recorded history has had law, so as it where, yuo can NOT bring me a recorded definition of murder that exist prior to law. And you have yet t failed to answer the most important question? Why would primitive people's come up with the concept of murder, separate from just killing? What do premeditation and malice add to the idea of killing? What makes that special from a killing that is not? And hat does that matter? I argue that those distinctions serve a purpose only within the context of rules, of judgements, of codes of behavior, MAN MADE codes, not "natural" ones.


Quote:
Your own definition fails to address this issue (unless a crime of passion is "malicious," in which case my definition applies just as well). "Yeah, but a crime of passion is againt the law!" Sure, but so is involuntary manslaughter.
Oh, wow, yet another felony! So this is what your arguement now boils to? "You can;t define murder thus becuase then it becomes manslughter?" You miss the key point though, both are felonies, both are crimes, both are breaking the law. Until you can find a way for murder not to break the law, you are the one with the BIG problem. Oh, and involuntary manslaughter? If you find your spouse in bed with another and in rage you kill them both, that is either 2nd degree murder or manslaughter, but not "involutary", sicne you chose to kill still. So at least get your legal definitons straight, OK?

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What was the intent of the murder? It's the intent that matters, not the means (though the means can help demonstrate intent, e.g. it's difficult to claim that you euthanized somebody by torturing them to death).
So you don't argue the point? I guess you conceed it. Good for me.

Quote:
Basically, all you've succeeded in arguing is that my primitively applicable definition of murder ought to be "killing with premeditation and/or malice" instead of "killing with premeditated malice." Fine, I'll concede and add the "and/or" modifier. Happy now?
Sad. You failed utterly to address the most important question Loin, so let me restate it:

Can murder ever be lawful?

You claim there is some "primitive" possible definition prior to the law: you have given no source for this, you have not even shown where you got your incomplete defintinion from in the first place (and yet mock when I give you 5, with citations so you can go check yourself).
You know, I have to bet you got your "primitive def/" from, guess what, a modern dictionary!

The question is, and remains as of yet unanswered by you, whether the concept of murder can come into being separate from a concept of laws , or at the least, a concept of rules that must be obeyed.
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Old July 10, 2003, 14:44   #214
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Enough: I like you Loin, so let me attempt another way to end his side discusion, byt getting down to what I see as the fundamnetal theoretical issues here:

I see murder as a form of killing that is against the rules (which is why I asked you: what difference does it make if a killing is malicious and premeditated?). Berz. keeps saying: "people has a universal desire not to be killed in a way that is against the rules, and thus to kill in a way that is against the rules should be against the rules". As Jonh Steward would say: Whaaaaaa...???

The universal desire (or near universal, yes, there are points in time certain individual may want to die) is not to be killed, whether is conforms with the rules or not (no one ever says that the crew of the Enola Gay is guilty of 70,000+ acts of murder, even thought that is how many people they killed by their actions, becuase we define their actions as havcing followed the rules), so if rights coem from universal desires, then the prohibition should be on killing anyone, period (perhaps why so many people misconstrue the Bible as saying "thou shall not kill" when it in fact says "thou shall not murder"). Even Berz though seems to think some forms of killing are acceptable, hence hsi constant use the the word "innocent" and his beliefe that it is OK to kill murderers. But if the rightness of a killing is tied to the rules, HOW CAN IT BE AN EXPRESSION OF SOMETHING NATURAL?????? It is left to those that want to argue about rights being natural (whether it be all, or some) to show that the RULES are natural in themselves, and hence the rights are as wel. That is what must be shown, that is what is yet to have been shown by any libertarians here.
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Old July 10, 2003, 14:48   #215
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That is what must be shown, that is what is yet to have been shown by any libertarians here.
Don't tar us with the same brush!

Oh, and good post GePap.
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Old July 10, 2003, 16:01   #216
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Originally posted by GePap
....yuo can NOT bring me a recorded definition of murder that exist prior to law. And you have yet t failed to answer the most important question? Why would primitive people's come up with the concept of murder, separate from just killing? What do premeditation and malice add to the idea of killing? What makes that special from a killing that is not? And hat does that matter? I argue that those distinctions serve a purpose only within the context of rules, of judgements, of codes of behavior, MAN MADE codes, not "natural" ones
Well, I´m not sure if I understand you correctly, but relating murder only to rules or laws creates problems too. Because there must have been some pre-law idea of murder being morally wrong, otherwise no law against murder would have ever be made.

I wouldn´t say it plays much a role that there is no recorded definition of this - because the first written law about this would be obviously the first recorded definition. But to make this law, the pure idea of murder must exist somehow, however they defined it then.

(I absolutely agree with you it is not because of natural rights).
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Old July 10, 2003, 16:11   #217
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Originally posted by BeBro


Well, I´m not sure if I understand you correctly, but relating murder only to rules or laws creates problems too. Because there must have been some pre-law idea of murder being morally wrong, otherwise no law against murder would have ever be made.

I wouldn´t say it plays much a role that there is no recorded definition of this - because the first written law about this would be obviously the first recorded definition. But to make this law, the pure idea of murder must exist somehow, however they defined it then.

(I absolutely agree with you it is not because of natural rights).
I would say that I do not think morality as a concept can exist utterly seperate from one of rules (and eventualy laws). What is the point of saying :"that is wrong" and "that is right" if there is no consequence to the difference? I mean, how long after you think "right, wrong" does it take to think "one should not do wrong"? now you have a rule, "don;t do wrong". How long from there until you think : "hmm, how do we stop wrong doing?" And from there consequences to the wrong act? Now, you can always say the consequence is supernatural, and that the rules are supernatural (I mean, realy what gives an individual the legitimacy and authority to declare anything wrong, or immoral? And what gives such power to a group?)
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Old July 10, 2003, 18:03   #218
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Gepap, laws are just to enforce morality. Morals don't need laws to exist.
Like you yourself said, the law part is just people figuring out how to make other people act morally. Since you have the dictionaries, take a look
http://dictionary.cambridge.org/defi...1857&dict=CALD
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What is the point of saying :"that is wrong" and "that is right" if there is no consequence to the difference?
Remember, consequences can also be sad faces instead of cops hitting you with a stick.
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Old July 10, 2003, 18:06   #219
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Gepap -
Quote:
Berz. keeps saying: "people has a universal desire not to be killed in a way that is against the rules, and thus to kill in a way that is against the rules should be against the rules". As Jonh Steward would say: Whaaaaaa...???
As Berzerker would say: Whaaaaa??? Can you quote me offering up that gibberish?
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Old July 10, 2003, 18:15   #220
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Gepap, laws are just to enforce morality. Morals don't need laws to exist.
No, but morals need laws to actually mean anything substantial.
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Old July 10, 2003, 18:20   #221
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Gee, it seems Gepap is in the minority of those who claim government invented murder. Quite a strange turn of events given your claim that I was the only one who believed murder can occur with or without a government being in place.

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What linguistic evidence have you provided, what anthropoligical evidence have you provided: in fact, what of that evidence could you provide?
Does the Bible count? Cain and Abel. But there are plenty of linguistic sources relating ancient murders, including myths of ancient wars, invasions, even the story of Osiris, Seth and Horus.

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Finally, can murder ever be Lawful?
Most murders were "lawful" if we define that term as anything legal given that states have historically been the worst mass murderers. If the king and his court of nobles were the "law", murders they committed were "lawful".
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Old July 10, 2003, 18:31   #222
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Originally posted by Imran Siddiqui
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Gepap, laws are just to enforce morality. Morals don't need laws to exist.
No, but morals need laws to actually mean anything substantial.
Well yes, morals are ideas.
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Old July 10, 2003, 18:38   #223
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Originally posted by Imran Siddiqui
I also think there is no objective determination of fair.
We've already had this argument.

Quote:
Originally posted by Gepap
What linguistic evidence have you provided, what anthropoligical evidence have you provided
None, I wasn't answering a question that required said evidence. "...the question 'can the concept of murder exist without law' can be answered from a philosophical standpoint, but the question 'does the concept of murder originate with or without law' can only be answered with linguistic/anthropological evidence..."

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Since you have yet to show anything from any source defining murder, or speaking about murder totally seperate form the oncept of law, what ground do you stand on?
You've yet to show anything from any source defining murder totally separate from the concepts of premeditation and malice.

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BUt what matters is the definitoon in its totality, and as far as an arguement about rights is concerned, what Murder means as a noun, as an independent concept (such as when one would say Do Not Commit Murder) is the most relevant.
Only two of your five definitions failed to include "malice" or "premeditation" in the noun definitions, and of those, one of the two mentions "malice" while the other mentions "premeditation." Further, both of those two used "malice" and "premeditation" in the verb forms as they relate to the noun forms (e.g. "to kill (a human) with premeditated malice" is obviously related to the noun form, whereas "to spoil by bad performance" is unrelated). What's more, you have admitted yourself that "unlawful killing" is an incomplete definition, so I fail to see what the fuss is about.

Quote:
And for all your little rolleyes and other smileys, I have to say this is trully a poor debatoing strategy.
You change "the big question" being addressed by the debate halfway through, and accuse me of engaging in a poor debating strategy? You completely missed the point about "malicious intent" -- if I hate Joe Schmoe, and accidentally kill him, then this is not murder despite the fact that I have malice towards Joe Schmoe. If I killed him with malicious intent then it could constitute murder, and if I exhibit malice towards him but accidentally kill him then I did not kill him with malicious intent. "But soldiers are mean!" So friggin what? I brought up the killing of prisoners and non-coms because these are the only times, as far as I can see, when a soldier is capable of killing with malicious intent -- if I shoot somebody who's trying to shoot me, then it doesn't matter how much I don't like the guy, I didn't kill him with malicious intent.

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Can you Loin provide us a rimitive definition of murder?
"Killing with premeditated malice."

Quote:
In fact, you have a bit of a porblem, you see, man in all of recorded history has had law, so as it where, yuo can NOT bring me a recorded definition of murder that exist prior to law.
You're the one who's suddenly decided to turn this into a linguistics/anthropology debate rather than a philosophical debate, so it's only fair that you cast the first stone -- provide solid linguistic/anthropological evidence that the term "murder" did not come into existence prior to the codification of laws.

Quote:
Originally posted by Gepap
Why would primitive people's come up with the concept of murder, separate from just killing?
Quote:
Previously posted by loinburger
If you were to accidentally kill somebody, then I would alter my treatment of you differently than if you were to kill somebody with premeditated malice (e.g. in the former case I would be less prone to trusting you to handle heavy machinery or whatever, while in the latter case I would be less prone to trusting you in any way shape or form). This idea that the term is meaningless simply because I lack the authority to punish you for your crime is hogwash -- it behooves me to make the distinction between accidental killing and killing with premeditated malice, independently of any benefits that society as a whole may gain from making this distinction."
Quote:
Originally posted by Gepap
Oh, wow, yet another felony
Involuntary manslaughter is a misdemeanor.

Quote:
Until you can find a way for murder not to break the law, you are the one with the BIG problem.
You continue to miss the point -- the question of whether or not it is possible to define murder without the use of the term "unlawful" is entirely different from the question of whether or not the term murder ought to be defined without the use of the term "unlawful." For some reason you keep insisting that I'm trying to answer the second question. I'm not. I'm trying to answer the first, so it's hardly a "problem" for me that the contemporary definition of murder incorporates the term "unlawful."

Quote:
Oh, and involuntary manslaughter? If you find your spouse in bed with another and in rage you kill them both, that is either 2nd degree murder or manslaughter, but not "involutary", sicne you chose to kill still. So at least get your legal definitons straight, OK?
When did I say that this could be considered involuntary manslaughter?

Quote:
So you don't argue the point? I guess you conceed it. Good for me.
Again, you accuse me of using a poor debating strategy, and then you resort to using cheap tricks like "you asked a question about my example, making me the victor!" Get off your high horse and expand the question, or else content yourself with my answer of "murder is always performed with malicious intent."

Quote:
Sad. You failed utterly to address the most important question Loin, so let me restate it:

Can murder ever be lawful?
Again, you're arguing from a strawman. My position is "it is possible to create a definition of murder independently of the law," not "we ought to use a definition of murder that is independent of the law." Please explain why my inability to come up with an example of a "legal murder" negates the first position.

Quote:
You claim there is some "primitive" possible definition prior to the law: you have given no source for this, you have not even shown where you got your incomplete defintinion from in the first place (and yet mock when I give you 5, with citations so you can go check yourself).
My mockery was related to the fact that your five sources all confirmed that "premeditated malice" is a common element in the definition of "murder." The terms "premeditation" and "malice" can exist independently of a code of laws, therefore it is fairly easy to conceive of a primitive pre-legal definition of the term "murder" that amounts to "killing with premeditated malice". QED.

Quote:
The question is, and remains as of yet unanswered by you, whether the concept of murder can come into being separate from a concept of laws , or at the least, a concept of rules that must be obeyed.
1. I've given the intent behind a pre-legal formation of the term "murder," as quoted earlier in this post.
2. I (and you as well) have given the mechanics behind said pre-legal definition: "Killing with premeditated malice."
3. QED


Quote:
Originally posted by The More Reasonable Version Of Gepap
The universal desire (or near universal, yes, there are points in time certain individual may want to die) is not to be killed, whether is conforms with the rules or not (no one ever says that the crew of the Enola Gay is guilty of 70,000+ acts of murder, even thought that is how many people they killed by their actions, becuase we define their actions as havcing followed the rules), so if rights coem from universal desires, then the prohibition should be on killing anyone, period (perhaps why so many people misconstrue the Bible as saying "thou shall not kill" when it in fact says "thou shall not murder"). Even Berz though seems to think some forms of killing are acceptable, hence hsi constant use the the word "innocent" and his beliefe that it is OK to kill murderers. But if the rightness of a killing is tied to the rules, HOW CAN IT BE AN EXPRESSION OF SOMETHING NATURAL?????? It is left to those that want to argue about rights being natural (whether it be all, or some) to show that the RULES are natural in themselves, and hence the rights are as wel. That is what must be shown, that is what is yet to have been shown by any libertarians here.
The fundamental difference between "homicide" and "murder" is that homicide does not necessarily violate reciprocity, while murder does violate reciprocity. Put another way: I have a given set of desires, and to maintain consistency I am required to operate on the assumption that you (or anybody else) shares these desires, or I must adequately justify the position that you (or whoever else) is somehow different from me in such a way that you (or whoever) does not share some or all of these desires. I don't desire to be accidentally killed any more than the next guy, but the difference between being accidentally killed and being murdered (read "being killed with premeditated malice") is that somebody guilty of involuntary manslaughter has not necessarily shown that he is incapable of reciprocating with others, while somebody guilty of murder has shown that he is incapable of reciprocating -- hence the difference in the crimes. "The Rules" simply amount to reciprocation with others.
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Old July 10, 2003, 19:11   #224
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Gepap - I see you didn't answer the following questions wrt to the definitions of "murder" you supplied and then ignored.

Now, how did you miss these definitions in your post?

Quote:
2. to kill inhumanely or barbarously, as in warfare
Quote:
2. to kill brutaly or inhumanely
Quote:
2 to kill in a barbarous or inhuman manner
This notion of yours that no murder ever occured until government invented it is silly. If no government ever existed, would it be possible to kill someone? Yes. Brutaly? Yes. Unjustifiably? Yes.

Case closed...again...

Lorizael -
Quote:
Sorry... I can't help what science says.
Contrary to your claim, the "science" doesn't say the universe has always existed.

Templar -
Quote:
The Golden Rule is a dictate from God - so it must be followed.
Jesus didn't say it must be followed, at most, he said it must be followed to be saved.

Quote:
Even if all universal desire ran against the Golden Rule, the Golden Rule would still be a natural right according to Christianity (i.e. following God's dictates are necessary for natural rights, that universal desire lines up is happy accident).
You think it's just a coincidence the Golden Rule echoes universal desires? I wouldn't call that an accident.

Quote:
But your definition is of no interest; we'll stick to the public definition.
And this "public definition" says a "right" is an unjustified claim to act? I said it was a just claim to act, so explain how that violates this public definition.

Quote:
But, your own definition of right as a universal desire precludes limiting rights to rights-to-be-left-alone.
True, but it doesn't mean we have rights to rob people because that is not a universal desire AND it does violate the universal desire to be left alone.

Quote:
If free healthcare and X-boxes are universally desired
They are neither free nor universally desired, so the relevant question becomes: do either violate a universal desire? Yes, both do.

Quote:
If you don't like this, then rethink you conception of rights. My suggestion - list all the rights you like, find out a common thread that binds them, and then create a definition of rights.
I'll consider your advice if you'll consider the meaning of universality.

Quote:
I've given you the standard definition of a right (trumping any countervailing claim). This definition includes nothing about desire or ownership. Nothing in the definition of desire or ownership includes natural rights. These are not analytically connected (to use Kant-speak). It is up to you to connect them, not me to disprove a connection.
Your definition of "rights" is only implied by the actual definition of "rights" - a just or moral claim to act. If you look in the dictionary, you won't find your definition. I'm using the actual definition, but I certainly would not dispute the implied definition you've mentioned, I've used it in the past myself.

Quote:
You're blurring a very important distinction between life, labor and the fruits of labor.

(1) Life: I could give a slave an absolute right to life - i.e. the master may not kill the slave.

(2) Labor: a person could have the right to choose their labor. I.e. you could choose to build a house or not regardless of what the community will do with the house. Now you may not choose to build a house if there is no guarantee that you will keep it, but it is still your choice.

(3) Fruits of labor- a right to what you actually created via labor.
And you say I'm blurring a distinction? I'll repeat my point, if you spend 10 years of your life building a home and that home is taken away, where did 10 years of your life go? It's gone! That doesn't mean you weren't alive during those 10 years, but it does mean the 10 years of life laboring are gone. That's why people who've spent years working to save up to buy a house will lament how part of their life is gone when a tornado destroys their new home.

Quote:
Haven't changed anything the ontologically distinct nature of the gold and the statue is a standard critique of the labor theory. What uyou have in fact done is smuggle in a new principle besides labor - the "first come first serve" principle. How do you justify first come first serve?
You did change what I said, my argument made no mention of stolen goods, yours did. And "first come, first serve" is not a smuggled in new principle of labor.

Quote:
I think as UR pointed out earlier, if you take the wood to build a chair how do you aquire the right to admix your labor with the wood?
By having a just claim to the wood, i.e., it is un-owned.

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Likewise with the statue, how does the prior claim to the gold affect any claim to the statue?
Because the gold was owned and stolen.

Quote:
The statue is distinct from the gold (though dependent upon it) - so if the owner of the gold wants to melt the statue down - then what claim does he have on the statue as apart from the gold?
He has no claim to the statue, just the gold.

Quote:
Again, you resort to first come first serve with respect to the gold. You have, in essence added a new principle to the labor theory without justifying it.
When a group of people entered a new land un-owned by others, "first come, first serve" certainly was not a new idea to them or even to late-comers who recognised the first group's moral claim to that land.

Quote:
Animals have rights to. There I said it.
And you found this in the dictionary? Do plants have rights too? If so, are you violating the rights of plants and animals when you eat them?

Quote:
Can they? Perhaps what you mean to say is that non-human animals lack the capacity for moral reasoning and so their eating us has no moral content? Is that what you mean?
I meant what I said and obvioulsy you knew what I meant because you said the same thing using different words.
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Old July 10, 2003, 19:25   #225
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Originally posted by Berzerker
Gee, it seems Gepap is in the minority of those who claim government invented murder. Quite a strange turn of events given your claim that I was the only one who believed murder can occur with or without a government being in place.
And you are in the very small minority of those that think there is sucha thing as natural rights..

Quote:
Does the Bible count? Cain and Abel. But there are plenty of linguistic sources relating ancient murders, including myths of ancient wars, invasions, even the story of Osiris, Seth and Horus.
There are Gods in myths, and one hell of a law maker in the Bible. All those things you mention happen in places with laws, not human ones, but devine ones. (notice, not NATURAL ones)

Quote:
Most murders were "lawful" if we define that term as anything legal given that states have historically been the worst mass murderers. If the king and his court of nobles were the "law", murders they committed were "lawful".
That you consider the killing immoral (and perhaps call them murders now) does not make them murders. Sorry.

And on the dwefintiions: as I told Loin, mangling a song is also in most of the definitions definition. I guess you think people have a fundamental desire not to hear mangled songs..Lets close all the Kareoke Bars! The question is Berz, which part of the definition ois the one that matters, unless you want to make beating another team decisevely a crime against narual rights too (since this is yet another definition given...)
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Old July 10, 2003, 19:54   #226
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Quote:
Originally posted by loinburger
You've yet to show anything from any source defining murder totally separate from the concepts of premeditation and malice
And you any definition that excludes unlawful, so you don;t have apoint here.

Quote:
Only two of your five definitions failed to include "malice" or "premeditation" in the noun definitions, and of those, one of the two mentions "malice" while the other mentions "premeditation." Further, both of those two used "malice" and "premeditation" in the verb forms as they relate to the noun forms (e.g. "to kill (a human) with premeditated malice" is obviously related to the noun form, whereas "to spoil by bad performance" is unrelated). What's more, you have admitted yourself that "unlawful killing" is an incomplete definition, so I fail to see what the fuss is about.
It is less incompleet than yours, since it addresses the Humans and namial distinction better than your two word definition.

Quote:
You change "the big question" being addressed by the debate halfway through, and accuse me of engaging in a poor debating strategy? You completely missed the point about "malicious intent" -- if I hate Joe Schmoe, and accidentally kill him, then this is not murder despite the fact that I have malice towards Joe Schmoe. If I killed him with malicious intent then it could constitute murder, and if I exhibit malice towards him but accidentally kill him then I did not kill him with malicious intent. "But soldiers are mean!" So friggin what? I brought up the killing of prisoners and non-coms because these are the only times, as far as I can see, when a soldier is capable of killing with malicious intent -- if I shoot somebody who's trying to shoot me, then it doesn't matter how much I don't like the guy, I didn't kill him with malicious intent.
Sorry, but you were not trying to answer the question in the first place, and when I corrected this, you scream that the topic was changed. Plus, I am not arguing for malicious intent, so i do not know where you bring this up. I obnly am arguing about the fundamental connection between murder and the concept of law, or at the least, rules. As for your soldier example: No, you don;t only shoot people shooting at you: for example, and ambush is a trap, and the very plan is meant to be that you kill them before they are any threat to you. The civilians in cities being bombed in no way represented a threat to life opf the air crews, but the crewmen are not guilty of murder for killing those people. And in hand to hand fighting (the bigger part of war history), it is hard to think of killing not being malicious, plus, if we delve historically, the sacking of cities was considered lawfull, and thus the horrid slughter of the inhabitants was not murder.

Quote:
"Killing with premeditated malice."
So if I kill a hog with premeditated malice, am I a murderer? Oh, woops, look, you short definition gives no hint that murder defines only actions between human beings! Do you somehow infer it? Then why could one not also infer unlawful? As I said, a short definition of murder is not possible.

Quote:
You're the one who's suddenly decided to turn this into a linguistics/anthropology debate rather than a philosophical debate, so it's only fair that you cast the first stone -- provide solid linguistic/anthropological evidence that the term "murder" did not come into existence prior to the codification of laws.
To me the tow are not separate, as they are to you: you being the one who chose to separate them and treat them apart. As the one who decided to make them two disctint arguements, and not one whole, it still falls unto you. But as I sai, it is impossible to find anthropological evidence, sicne any recorded definition comes after the creation of cities and thus laws.

Quote:
Involuntary manslaughter is a misdemeanor.
And you define that two broadly. The example I gave simp;ly does not ft as involutary manslaughter: if you chose to kill, it can not be involuntary.

Quote:
You continue to miss the point -- the question of whether or not it is possible to define murder without the use of the term "unlawful" is entirely different from the question of whether or not the term murder ought to be defined without the use of the term "unlawful." For some reason you keep insisting that I'm trying to answer the second question. I'm not. I'm trying to answer the first, so it's hardly a "problem" for me that the contemporary definition of murder incorporates the term "unlawful."
Your definition is sadly imcomplete, as it does not even address the issue of man-animal. So you have to make it longer yet again, and no, as I said above, you can not separate the two arguements as you are trying to do. They are tied together, as far as this arguement goes.

Quote:
When did I say that this could be considered involuntary manslaughter?
Can you involutarily commit manslaughter in any way other than being ingaged in another crime at the time you accidentally kill someone? A simple car accident is not involunatry manslaughter if it happened while both drivers were following the law. Only if one is invlved in some aspect of lawbreaking (like speeding) can it then become involuntary maslaughter: the very aspect of somehting unlawful can not be separated even for this.

Quote:
Again, you accuse me of using a poor debating strategy, and then you resort to using cheap tricks like "you asked a question about my example, making me the victor!" Get off your high horse and expand the question, or else content yourself with my answer of "murder is always performed with malicious intent."
You did not answer the question which prompted your response. If you dot answer the questiopn, what should I think?

Quote:
Again, you're arguing from a strawman. My position is "it is possible to create a definition of murder independently of the law," not "we ought to use a definition of murder that is independent of the law." Please explain why my inability to come up with an example of a "legal murder" negates the first position.
It is possible to create a definition? It is possible to create a new definition for anything, now isn't it? And that was never the point. It would be possible to define a horse as a cow with a horn, but it does nothing. My interest has always been to make it clear that the concept of law can not be separated from that of murder: I am not interested in making up incomplete definitions for a term being used here is a serious debate. I am interested in finding one common definition that we can use in it, and one that is faithful to what the meaing of the word is, and where the word comes from. If this is not what you are interested in doing, then simply stop, becuase it detracts form the greater arguement of natural rights, which is what I am trying to do, and the thread is about.

Quote:
My mockery was related to the fact that your five sources all confirmed that "premeditated malice" is a common element in the definition of "murder." The terms "premeditation" and "malice" can exist independently of a code of laws, therefore it is fairly easy to conceive of a primitive pre-legal definition of the term "murder" that amounts to "killing with premeditated malice". QED.
And yet they also all mentioned unlawful. What you are "tyring" to do is chop out one universal thread and say that another two are good enough: that to me is intellectual dishonesty. As for your second leap of logic: to do that you have to back it up with a philosophical discussion about how such a definition is possible, specially since you have yet to answer why "premeditation and malice" somehow change the act of killing so much that a new word and concept would be needed at that point. And that simply returns then to my point, that you can NOT separate the concept of mruder from law, or at the minimum, morality, rules, norms, customs.
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Old July 10, 2003, 19:54   #227
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"Killing with premeditated malice."
What about soldiers? Are they guilty of murder, in your opinion?
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Old July 10, 2003, 20:06   #228
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The fundamental difference between "homicide" and "murder" is that homicide does not necessarily violate reciprocity, while murder does violate reciprocity. Put another way: I have a given set of desires, and to maintain consistency I am required to operate on the assumption that you (or anybody else) shares these desires, or I must adequately justify the position that you (or whoever else) is somehow different from me in such a way that you (or whoever) does not share some or all of these desires. I don't desire to be accidentally killed any more than the next guy, but the difference between being accidentally killed and being murdered (read "being killed with premeditated malice") is that somebody guilty of involuntary manslaughter has not necessarily shown that he is incapable of reciprocating with others, while somebody guilty of murder has shown that he is incapable of reciprocating -- hence the difference in the crimes. "The Rules" simply amount to reciprocation with others.
First of all, on the issue of "involuntary manslaughter", to repeat what i said above: this can only occur if the action you were taking that lead to the accidental death of another was somehow, in itself, unlawful. A purely accidental killing is not a crime of any sort.So fiy uo are using "involuntary manslaughter" as your other, you have yet to do what you claim you want to do, which is separate yourself from the idea of laws.

Now, to the rest:

First of all, notice how you say "the difference in crimes": still havent separated form the concept of law, if you are talking about crimes. As for the other: what legitimacy do you have, what authority do you have, to label the acts? What I mean by this is that anyone can call anything murder: they can lie, no? Just saying it is so does not make it saw. Who then decides what is murder and what is not? What shows, as you said above, that the other person will not share reciprocity? What if, as I said before, you do it in a premeditated way (which is what makes it different from an accident), but without malice? Planning the act is enough to show that you do not care for reciprocity, and yet, that would not be murder by your definition.


But enoguht of this, because as I say to you in the previous post, I am not interested in playing with definitions, but in showing that the concept of murder ca not be sepaarted from the idea of law, and given that your method of "showing this" amounted to willingly ignoring one vital part of the definition and goping with only two others, is not valid, as far as I am concerned. The only way for you to do so is to build up the philosophical arguement that would allow you to dump one of the vital parts without utterly redefining the word.
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Old July 10, 2003, 20:08   #229
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Boy. Berzerker and the rest of the Libertarians still got you all going on this sillyness?
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Old July 10, 2003, 20:13   #230
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Quote:
The fundamental difference between "homicide" and "murder" is that homicide does not necessarily violate reciprocity, while murder does violate reciprocity.
To pick up on this, I'm not entirely sure this is correct. Voluntary Manslaughter is basically a 'crime of passion' as relating to killing. I would think that a man that has seen his wife in bed with another man and then kills him with a butcher's knife is incapable of reciprocity. You don't want someone around that flys off the handle like that, right?

But Voluntary Manslaughter isn't murder.
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Old July 10, 2003, 20:16   #231
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A question Imran (since you are the one studying to be a lawyer):

Is a purely accidental killing involuntary manslaughter, or must the party who;s action lead to the accidental death have been engaged in some other misdemeanor at the time, a misdemeanor that lead to the situation that lead to the accidental death?
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Old July 10, 2003, 20:24   #232
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Is a purely accidental killing involuntary manslaughter, or must the party who;s action lead to the accidental death have been engaged in some other misdemeanor at the time, a misdemeanor that lead to the situation that lead to the accidental death?
It depends (as is the answer to everything in lawschool ). Purely accidental killing with no negligence (ie, the person runs across the highway) carries no penalties. Involuntary manslaughter is best characterized by calling it a 'negligent' homicide. Murder (of all stripes) is basically purposeful, knowingly, or reckless homicide. Voluntary manslaughter is murder while embroiled with anger, the crime of 'passion'. Involuntary manslaughter is negligent homicide.

So a pure accident, where you weren't acting negligently, doesn't get you hit with any crime. For another example, if you were hunting in the forest and you heard a sound and shot what you thought was a bear, but was a man... no charge. Now if you were waiving your gun around a hunting lodge and it went off killing someone, then involuntary manslaughter (btw: it'd be a streach to call it reckless... since it is a hunting lodge and people carry guns... even so it wasn't reckless enough).
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Old July 10, 2003, 20:25   #233
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Just as I thought.
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Old July 10, 2003, 21:35   #234
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Gepap -
Quote:
And you are in the very small minority of those that think there is sucha thing as natural rights..
Yes, but I didn't accuse you of being the only one who defined murder in a twisted manner which is what you accused me of doing. As others have shown, I'm not the only one who recognises the broader definition and concept of murder and certainly not in any deceitful or patently or absurdly false manner as even the definitions you've supplied prove.

Quote:
There are Gods in myths, and one hell of a law maker in the Bible. All those things you mention happen in places with laws, not human ones, but devine ones. (notice, not NATURAL ones)
Are you suggesting governments invented those myths of gods and their activities? What government invented Cain's murder of Abel (were they divine too?)? This biblical story came before the 10 Commandments and even those laws preceded the legal code in Leviticus (or is it Deuteronomy?). So, if God gave the 10 Commandments, government didn't invent them.

Quote:
That you consider the killing immoral (and perhaps call them murders now) does not make them murders. Sorry.
You wanted linguistic or anthropoligical proof and I gave it, sorry you can't handle it.

Quote:
And on the dwefintiions: as I told Loin, mangling a song is also in most of the definitions definition.
Whaaaa???

Quote:
I guess you think people have a fundamental desire not to hear mangled songs..Lets close all the Kareoke Bars!
You don't have to close them, just don't go to them. You're still avoiding my questions, I'm not surprised. Such behavior is characteristic of someone lacking a defense for their indefensible arguments. Btw, obviously the person "mangling" the song does want to hear the song, so the desire to not hear mangled songs isn't universal.

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The question is Berz, which part of the definition ois the one that matters, unless you want to make beating another team decisevely a crime against narual rights too (since this is yet another definition given...)
Why is it an either-or question? If the dictionary offers two definitions of the word "murder" within the context of killing another person, why wouldn't both be valid? You think these publishers placed an invalid definition of murder in their dictionaries? One deals with laws being in place and the other deals in more general terms in order to recognise that murder can occur even without laws.

Keep Gepap
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Old July 10, 2003, 21:55   #235
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Quote:
Quote:
Quote:
Originally posted by Gepap
Since you have yet to show anything from any source defining murder, or speaking about murder totally seperate form the oncept of law, what ground do you stand on
Originally posted by loinburger
You've yet to show anything from any source defining murder totally separate from the concepts of premeditation and malice
Originally posted by GePap
And you any definition that excludes unlawful, so you don;t have apoint here.
Jesus H. Christ, just look at what you've done! Look, dammit, just look! In****ingcredible. You've been doing this throughout the entire thread, but never this baldly...

Quote:
Originally posted by Gepap
It is less incompleet than yours, since it addresses the Humans and namial distinction better than your two word definition.
It's against the law to kill your neighbor's dog (destruction of property or something along those lines, you can either ask Imran for the specifics or else behave like a condescending **** again, whatever floats your boat). It's against the law to kill the member of an endangered species. Pick your poison and suck it down.

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Sorry, but you were not trying to answer the question in the first place, and when I corrected this, you scream that the topic was changed.
I was answering the question, but your selective reading capacity continued to ignore the point. You've done it again, I might add -- you asked me to justify why a primitive pre-legal society would want to have a definition of "murder," I pointed out that I'd already provided such a justification, and rather than address my justification you completely ignore the point. What's absolutely amazing to me is that you missed the point yet again -- you ask me the same question again at the bottom of this post. In****ingcredible.

(This is the danger inherent with this kind of debate -- it's necessary to cut up the posts in order to make them legible, but this only makes it all the easier for "some people" to selectively ignore sections of the other person's posts.)

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Quote:
"Killing with premeditated malice."
So if I kill a hog with premeditated malice, am I a murderer?
"Unlawful killing" would also label such an act as murder. See above, and suck it down. If it will prevent any further twattery on your part, then simply substitute "homicide" for "killing" as necessary. I thought that this was implicit in the argument (seeing as how you've been using the term in this manner as well), but apparently I've got to spell everything out.

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To me the tow are not separate, as they are to you: you being the one who chose to separate them and treat them apart. As the one who decided to make them two disctint arguements, and not one whole, it still falls unto you. But as I sai, it is impossible to find anthropological evidence, sicne any recorded definition comes after the creation of cities and thus laws.
Huzzah, so you're intentionally demanding proof that you admit doesn't even exist! Intellectual dishonesty at its finest. You're the one who is claimimg that it is impossible (not "improbable" but impossible) for a pre-legal definition of murder to have existed. You're the one who is now claiming that philosophy and linguistics/anthropology are the same thing. Both claims are exceedingly strong (the latter is, frankly, ridiculous), yet you claim that you needn't provide even a shred of evidence for support. If you're going to keep this up then I don't see much point in my continuing in this cluster****.

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And you define that two broadly. The example I gave simp;ly does not ft as involutary manslaughter: if you chose to kill, it can not be involuntary.
I never said that the example you gave could count as involuntary manslaughter.

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Your definition is sadly imcomplete, as it does not even address the issue of man-animal. So you have to make it longer yet again,
See above: substitute "homicide" for "killing," and suck it down.

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and no, as I said above, you can not separate the two arguements as you are trying to do. They are tied together, as far as this arguement goes.
What a ridiculous assertion. "Is X possible" is a completely different question from "should we do X." "Is cloning possible" is different from "should we clone," "is it possible to create a workable definition of 'murder' without incorporating the term 'unlawful'" is different from "should we remove the term 'unlawful' from the definition of 'murder,'" "is it possible that you are hungry" is different from "should we eat some tacos," etc.

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You did not answer the question which prompted your response. If you dot answer the questiopn, what should I think?
Obviously you thought "loinburger has asked me to clarify my question, clearly I may pretend that he has answered the question in the style of my choosing." Perhaps, just perhaps, you should have answered my question before jumping to conclusions. "Poor debating strategy" indeed.

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My interest has always been to make it clear that the concept of law can not be separated from that of murder: I am not interested in making up incomplete definitions for a term being used here is a serious debate. I am interested in finding one common definition that we can use in it, and one that is faithful to what the meaing of the word is, and where the word comes from. If this is not what you are interested in doing, then simply stop, becuase it detracts form the greater arguement of natural rights, which is what I am trying to do, and the thread is about.
If you're incapable of understanding that the meanings of words change over time, then there is no point to your attempting to argue about natural rights -- morals, rights, laws, rules, etc. are (quite understandably) closely intertwined in their contemporary definitions, so it quickly becomes impossible to debate "natural" rights with somebody who insists on applying contemporary definitions to a pre-legal hypothetical. "Bargle bargle, of course rights can't be natural, it says right here in my dictionary that a right 'conforms to law, justice, or morality,' and clearly laws didn't exist in a state of nature! Victory is mine!" Or, you might insist that the libertarian or pseudo-libertarian in question provide you with anthropological proof that natural rights exist, all the while admitting that it is impossible for any such proof to exist. You've got a veritable bonanza of "debating strategies" at your disposal.

Quote:
Originally posted by Gepap
As for your second leap of logic: to do that you have to back it up with a philosophical discussion about how such a definition is possible, specially since you have yet to answer why "premeditation and malice" somehow change the act of killing so much that a new word and concept would be needed at that point.
Quote:
Posted for the third time by loinburger, howabout you try to actually read it this time through
If you were to accidentally kill somebody, then I would alter my treatment of you differently than if you were to kill somebody with premeditated malice (e.g. in the former case I would be less prone to trusting you to handle heavy machinery or whatever, while in the latter case I would be less prone to trusting you in any way shape or form). This idea that the term is meaningless simply because I lack the authority to punish you for your crime is hogwash -- it behooves me to make the distinction between accidental killing and killing with premeditated malice, independently of any benefits that society as a whole may gain from making this distinction.
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Old July 10, 2003, 21:57   #236
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*backs away slowly from what is about to become unpenetrable flame war

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Old July 10, 2003, 22:04   #237
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Originally posted by GePap
As for the other: what legitimacy do you have, what authority do you have, to label the acts?
Quote:
Previously posted by loinburger, I'm really starting to wonder if Gepap ever bothers to read a quarter of what I post
Authority is completely unnecessary to simply apply a definition -- it is only necessary to apply a law. If you were to accidentally kill somebody, then I would alter my treatment of you differently than if you were to kill somebody with premeditated malice (e.g. in the former case I would be less prone to trusting you to handle heavy machinery or whatever, while in the latter case I would be less prone to trusting you in any way shape or form). This idea that the term is meaningless simply because I lack the authority to punish you for your crime is hogwash -- it behooves me to make the distinction between accidental killing and killing with premeditated malice, independently of any benefits that society as a whole may gain from making this distinction. You can certainly come up with a plethora of contrived examples in which it is not possible for me to correctly apply my pre-societal definitions of the term, but this simply limits their usefulness -- it does not negate their usefulness.
Please, if you're going to ask me another question, kindly ask one that I haven't answered yet.

Quote:
Originally posted by Imran Siddiqui
*backs away slowly from what is about to become unpenetrable flame war

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Old July 10, 2003, 22:13   #238
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Re: Natural Rights
Quote:
Originally posted by Berzerker
What are they and from where did they originate?

1) Natural rights are expressions of shared, universal desires.
1) Shared and universal are repetitive and universal is a dubious claim.

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1a) Not wanting to be enslaved and murdered are universal desires.
This remains to be proven.

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2) Natural rights are moral claims of ownership beginning with oneself and his labor, but moral claims consistent with universal desires.
You jumble a lot of different points together here. If you're ttrying to make a proof, keep them seperate.

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2a) If you "own" yourself, then you own your labor.
This does not necessarily follow. Peasants were not owned, but they were compelled to provide labor.

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3) Natural rights are limited to human interaction, not interactions with other life forms.
Then the qualifier natural has no meaning. Either a right exists in nature or it does not.

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3a) If a lion eats you, we don't say the lion has deprived you of your natural right to life.
Then why use the term "natural?" If nature does not respect these rights, how can they be natural?

Quote:
4) They come from existence, i.e., by virtue of your existence, you have natural rights given by that which created the universe and life.
If nothing created the unverse, then nothing gave you your rights. Therefore, by your logic, we do not have them.

On a logical and factual basis, you have not even begun to establish your premise, let alone make an argument.
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Old July 10, 2003, 22:21   #239
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Oh, you're no fun.
The post lengths are getting to Communism v. Capitalism level... that's scary...
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Old July 10, 2003, 22:23   #240
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Originally posted by Imran Siddiqui
Quote:
Oh, you're no fun.
The post lengths are getting to Communism v. Capitalism level... that's scary...
I dropped out because it seems to have gone way OT.
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